Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

Conti attended the University of Michigan, 1999-2003, obtaining a bachelor’s degree in musical arts. Conti obtained private loans from Citibank totaling $76,049. Conti’s loan applications are all expressly “[f]or students attending 4-year colleges and universities.” They request information regarding the school’s identity and the academic year and specify that the student may “borrow up to the full cost of education less any financial aid.” The applications include a section where the school financial aid office can certify the applicant’s year, enrollment status, and recommended disbursement dates. Each application incorporates by reference an attached promissory note, stating that “the proceeds of this loan are to be used for specific educational expenses.” Citibank apparently disbursed each loan to Michigan directly. None of the loan amounts exceeded the cost of attendance at Michigan for the relevant enrollment period minus the maximum sum of Conti's federal Pell grant for the same period. In 2011-2016, Conti made payments on the loans, which were assigned to Arrowood.In 2017, Conti filed for voluntary Chapter 7 bankruptcy, listing the Citibank loans as dischargeable. Conti filed an adversary proceeding seeking to determine that they were not excepted “qualified education loan[s]” under 11 U.S.C. 523(a)(8). The bankruptcy court granted Arrowood summary judgment. The district court and Sixth Circuit affirmed. The plain language of the loan documents demonstrated they were qualified education loans. View "Conti v. Arrowood Indemnity Co." on Justia Law

Foster and the respondent were classmates at the University of Michigan’s executive MBA program based in Los Angeles. Students participated in monthly, weekend sessions at a hotel. Foster developed a friendship with the respondent but they did not have a dating or sexual relationship. The respondent began sending complimentary texts, giving Foster unsolicited gifts, expressing romantic interest. and making unwanted physical contact. He came to her hotel room and removed his clothing. Foster reported the sexual harassment to the University, which arranged that the two not stay in the same hotel, eat together, attend social functions together, or interact in class. Foster was not satisfied with the arrangements. During the next “residency,” the respondent sent vulgar text messages to administrators, violated the restrictions, and was barred from the second day of classes. His communications became increasingly aggressive. Foster obtained a restraining order but the respondent appeared at graduation in Michigan. The district court rejected Foster’s deliberate-indifference claim under Title IX, 20 U.S.C. 1681–1688, on summary judgment. The Sixth Circuit initially reversed but on rehearing, en banc, affirmed. The University was not “deliberately indifferent” to Foster’s plight. At each stage, the University increased protections: from a no-contact order after the first complaint to a requirement that the harasser stay in a separate hotel, to removal from the session, to an order that he not attend graduation. View "Foster v. Board of Regents of the University of Michigan" on Justia Law

On November 18, 2020, in response to a surge in COVID-19 cases, Kentucky Governor Beshear issued Executive Order 2020-969, prohibiting in-person instruction at all public and private elementary and secondary schools; elementary schools may, under certain circumstances, reopen for in-person instruction between December 7 and January 4, 2021; middle and high schools may reopen for in-person instruction no sooner than January 4, 2021. The order exempts “small group in-person targeted services” and “private schools conducted in a home solely for members of that household,” and exempts, by omission, preschools and colleges or universities. Kentucky “leads the nation in children living with relatives other than their parents – including grandparents and great-grandparents, who are especially vulnerable” and have high rates of comorbidities that can lead to severe cases of COVID-19, including heart and lung conditions.”In a challenge under the Free Exercise and Establishment Clauses of the First Amendment and the Kentucky Religious Freedom Restoration Act, the district court enjoined the Governor from enforcing the order against any private, religious school that otherwise adheres to Kentucky public health measures. The Sixth Circuit granted the Governor’s motion to stay the order pending appeal, stating that the plaintiffs are unlikely to succeed on the merits of their Free Exercise claim. The order is neutral and of general applicability. The court distinguished recent Supreme Court rulings concerning religious institutions. View "Danville Christian Academy Inc. v. Beshear" on Justia Law

Ryan, a tenured professor of journalism at the University of Kentucky, was accused of misusing department resources to make a larger profit off a textbook he had authored. He was asked to resign but refused to do so. Ryan brought suit alleging that the defendants retaliated against him for asserting his due process and First Amendment rights after he refused to resign.The Sixth Circuit affirmed the dismissal of Ryan’s claim. Ryan’s due process rights were not violated; a faculty committee conducted an investigation into his conduct and made its recommendation not to terminate Ryan’s employment. A statement to the press by the University’s provost was not sufficiently chilling that it would deter a person of ordinary firmness from refusing to resign, and cannot be considered retaliation. Ryan failed to state a claim for First Amendment retaliation because the facts alleged do not implicate a matter of public concern. Furthermore, because Ryan failed to allege a violation of a clearly established constitutional right, he is not able to overcome qualified immunity. View "Ryan v. Blackwell" on Justia Law

Two nurses, employed by the Board of Education, claim that the School Board retaliated against them for advocating for the rights of students who are disabled within the meaning of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101; Section 504 of the Rehabilitation Act, 29 U.S.C. 701; and the Kentucky Civil Rights Act; and that the Board violated the Kentucky Whistleblower Act by retaliating against them for reporting a parent’s suspected child neglect to a state agency. One plaintiff also claimed that the School Board failed to accommodate her disability and constructively discharged her, in violation of the ADA and the KCRA. The district court granted the Board summary judgment.The Sixth Circuit reversed as to the retaliation claims under the ADA, Section 504, and the KCRA. A jury could “reasonably doubt” the Board’s explanation for its actions and find that it acted, at least in part, because of the protected advocacy. The court affirmed as to the whistleblower claims; the plaintiffs only allege that they reported a mother of possible neglect and do not allege that they reported any violation of law by their employer to a state agency. The court affirmed as to the individual claim for failure to accommodate disabilities. The nurse failed to provide any documentation about her disability diagnosis during the interactive process. View "Kirilenko-Ison v. Board of Education of Danville Independent Schools" on Justia Law

Duval, a special education teacher in the Lansing district, was under the supervision of Bacon until 2011. Several teachers reported Duval’s physical abuse of students. Bacon apparently did not address those reports. When Bacon retired. Robinson became principal. Upon Robinson’s arrival, the school’s union representative presented her with a full envelope of statements regarding Duvall’s mistreatment of students and women. After additional reports, Robinson referred the complaint to HR and requested an investigation by the District’s Director of Public Safety. Reports had been made to the Lansing police; employees of the Community Mental Health Authority and Guardianship Services made additional reports. Following a “firestorm” of complaints, and a brief suspension Duval was transferred to the Gardner school. The reports of abuse continued.In 2014, C.G., who has autism spectrum disorder, was a student at Gardner. Duvall allegedly abused C.G. by throwing him into furniture and kicking him in response to minor misbehavior. The Lansing police department charged Duval with child abuse. Duval resigned.In a suit under 42 U.S.C. 1983, alleging violation of C.G.’s right to bodily integrity under the Due Process Clause, the district court dismissed Plaintiff’s claims against several supervisory employees. The Sixth Circuit reversed. There is sufficient evidence of a direct chain of causation between the “deliberate indifference” of the supervisors and C.G.’s abuse. View "Garza v. Lansing School District" on Justia Law

Although not technically enrolled at the University of Kentucky, Doe hoped to attend the University and was enrolled at a Kentucky community college that allows its students to transfer credits to the University and enroll in the University through a simpler application process. Doe lived in the University’s residence halls, paid fees directly to the University for housing, board, the student government association, student activities, access to the student center, a student health plan, technology, access to the recreation center, and student affairs. Doe alleges that a student enrolled at the University raped her on October 2, 2014. She reported the rape to the University’s police department. Over the course of 30 months, the University held four disciplinary hearings. The alleged perpetrator was found responsible for the rape at the first three hearings. The University’s appeal board overturned the decisions based on procedural deficiencies. At the fourth hearing, the alleged perpetrator was found not responsible.Doe dropped out of her classes and sued, asserting that the University’s deliberate indifference to her alleged sexual assault violated Title IX, 20 U.S.C.1681. The Sixth Circuit reversed the dismissal of the claims. Doe has sufficiently shown that there remain genuine disputes as to whether the University denied her the benefit of an “education program or activity,” and has standing. View "Doe v. University of Kentucky" on Justia Law

A.K., age 13, missed his school bus, which arrived at his stop seven minutes before its official scheduled time of arrival. A.K. ran home to retrieve his bicycle. A.K.’s father heard A.K. shout that he was going to ride his bike to school. While riding to school, A.K. was struck by a truck and suffered severe injuries. The parents sued the truck’s driver in state court but settled that claim.Durham (the bus company) argued that it did not owe a duty of care because A.K. never came into Durham’s custody or control on the date of the accident but returned home, to the custody and care of his father. The plaintiffs argued that Durham could have prevented the driver from leaving A.K.’s bus stop before the scheduled time had it followed its own policies and that the early departure breached a duty of care and was the proximate cause of A.K.’s injuries.Pursuant to Durham’s affirmative defense of comparative negligence, a jury allocated fault: 56 percent to the parents, 28 percent to the truck’s driver, and 16 percent to Durham. Because the parents were more than 50 percent at fault, the court entered judgment in Durham’s favor, as required by Tennessee law. The Sixth Circuit affirmed, upholding rulings preventing the parents from introducing Durham’s employee handbook or testimony regarding its internal policies. View "A. K. v. Durham School Services, L.P." on Justia Law

Kesterson, a Kent State student-athlete, told her coach, Linder, that Linder’s son had raped her. Linder, a mandatory reporter under Kent State’s Title IX policy, never notified anyone. Linder stopped calling Kesterson by her nickname; chastised her in front of another coach for becoming emotional; removed Kesterson from her starting shortstop position and limited her playing time; and required Kesterson to attend events at the Linder home, where her accused rapist lived. Kenderson subsequently told other Kent State employees about the alleged rape, but none reported it. The university learned about the assault two years later when Kesterson made a complaint to the school’s Title IX office. An investigation led to Linder’s resignation. Kesterson sued Kent State, Linder, and another coach citing the free-speech retaliation protections of the First Amendment, her equal-protection rights, and Title IX. The district court granted the defendants summary judgment.The Sixth Circuit reversed in part. A reasonable coach would have known at the time Linder acted that she could not retaliate against a student-athlete for reporting a sexual assault. Rejecting the Title IX claim, the court stated that Kent State’s employees’ failure to follow policy did not amount to deliberate indifference by the school. View "Kesterson v. Kent State University" on Justia Law

In 2008, after being denied tenure, George filed a discrimination lawsuit against Youngstown State University and was reinstated as part of a settlement agreement. As soon as the university’s obligations under the agreement expired, it declined to renew George’s contract and terminated his employment as a professor. George applied to several other positions within the university but was rejected. He then filed employment discrimination and retaliation claims under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act.Following discovery, the district court granted YSU summary judgment, finding that George either failed to show causation, failed to show he was qualified for the job, or failed to show that YSU’s claimed reasons for firing (or not hiring) him were pretextual. The court also dismissed one of George’s failure-to-hire claims— which arose after this lawsuit was filed—based on an administrative exhaustion requirement. The Sixth Circuit reversed. Viewing the evidence in the light most favorable to George reveals a genuine dispute of material fact as to each of the claims and the district court further erred in enforcing the administrative exhaustion requirement because the defendants expressly waived it below. View "George v. Youngstown State University" on Justia Law